Parental leave is available if you have worked for your current employer for at least a year by the time you want to take the leave.

Each parent is eligible for 18 weeks' leave, which you can take at any time until your child's fifth birthday. If your child is disabled and qualifies for disability living allowance, you can take 18 weeks of parental leave up to their 18th birthday. If you have adopted a child, you can take it up to five years from the date of placement.

If you are not living with your child, you can still take 18 weeks' parental leave. However, you should have legal parental responsibility for your child, and you have to use the leave to care for him.

How can I take the leave?

You can take parental leave in a number of ways. It's up to you and your employer to make arrangements. You can either do this through discussion with your manager, or through a company agreement.

What if I can't reach an agreement with my employer?

If you and your employer haven't reached an agreement, a fallback scheme automatically applies. The fallback scheme conditions are:

You can take parental leave in blocks of one week or more.

You can take a maximum of four weeks' leave per year per child.

You must give your employer at least 21 days' notice of the dates that you plan to take.

If your child has a disability, you can take the leave in shorter periods than one week.

If your employer feels that the leave would disrupt business, or needs more time to arrange cover, it can be postponed for up to six months. However, if you apply to take some parental leave immediately after your baby's birth, your employer can't postpone it.

If you need to take time off for an emergency, such as when your child is ill, you don't have to give notice. You will just need to let your employer know what the problem is as soon as you can, and when you expect to be back in work.

Do I get paid when I am on parental leave?

You don't have an automatic right to be paid during your parental leave. Any payment would be at the discretion of your employer, so you may want to ask if they are prepared to make one. Some employers do offer paid parental leave, so check your employment contract.

If you are on a low income, or if your partner is not working, you may be eligible for some benefits such as income support. For more information on benefits for low income families, visit GOV.UK.

My employer's company is very small. Do they still have to offer parental leave?

Yes. All employers must offer parental leave, regardless of the size of the business. As long as you have worked there for a year, you're entitled to take parental leave.

I work part-time. Am I still entitled to parental leave?

Yes. Parental leave allowance works on a pro-rata basis. If you work a shorter week, then your leave will be calculated according to your normal, or average, hours. So if you work for two days a week, one week of parental leave equals two days. In this case, you'd be entitled to 18 blocks of two days, or 36 days.

Will taking shared parental leave affect my rights?

Shared parental leave is designed to give parents more choice and flexibility in how they share the care of their new baby. It's also designed to make it easier for women to resume their career when they've had a baby. It doesn’t replace maternity or paternity leave – it's another way for mums and dads to use their entitlements. You can find out more about shared parental leave at GOV.UK.

Will my boss question my commitment if I take parental leave?

Your employer can't discriminate against you because you ask for, or take, parental leave. You are protected against unfair dismissal or unfair treatment. This covers a number of discriminatory actions, such as being refused promotion or being denied opportunities for training. So taking parental leave should not prevent you from gaining a promotion or being taken seriously by your employer.

You are entitled to return to the same job as before if your leave is for a period of four weeks or less. If your leave is for longer than four weeks, you should be able return to the same job. If that is not possible, your employer should offer you a similar job with the same or better status, terms and conditions as your old job.

Last reviewed: March 2014

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Comments

There may be some inaccurate information on this page. According to https://www.gov.uk/parental-leave/entitlement you are entitled to 18 weeks’ leave for each child and adopted child, up to their 18th birthday, not their 5th.

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